Fast, complete, cost-effective data recovery

Computer Forensics and Electronic Discovery Services

The perception among many attorneys is that electronic evidence discovery is costly, time-consuming and complicated. Nothing could be further from the truth. The reality is, electronic discovery is usually less expensive, sometimes drastically so. And with more than 90 percent of all documents produced since 1999 created in digital form – an incredible amount of data that can be harvested, preserved, documented and authenticated – how can today’s law firms ignore computer-generated evidence?

This evidence can be especially helpful in cases related to defamation, trade secret and intellectual property theft, sexual harassment in the workplace, fraud, breach of contract, divorce proceedings and spoliation of evidence. Using trained computer forensic examiners, a typical recovery can be achieved for less than $4,000.

New e-discovery rules went into effect Dec. 1, 2007 and require that in civil litigation, parties must meet within 30 days of the filing to decide how to handle electronic data, including which records are to be shared and in which electronic format, as well as on a definition for “accessible data.”

Use today’s technology to your best advantage. Retain an electronic discovery/forensics consultant to create an effective strategy for collecting, analyzing and processing this important information.

Do your homework …

There are many good sources of information regarding electronic discovery and computer forensics. Here are just a few:

The Sedona Conference , a charitable, 501(c)(3) research and educational institute dedicated to the advancement of law and policy in the areas of antitrust law, complex litigation and intellectual property rights, offers “best practices” manuals for managing electronic data, electronic discovery, and choosing an electronic discovery vendor. 
www.thesedonaconference.org 
 
The Computer Crime and Intellectual Property Section (CCIPS) of the U.S. Department of Justice has an entire website section devoted to electronic discovery, including “recent news,” and the DOJ manual “Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations.”
http://www.cybercrime.gov 

The International Association of Computer Investigative Specialists, (see link) an international non-profit comprised of law enforcement professionals dedicated to education in forensic computer science, offers a website section on “Forensic Procedures.”
http://www.cops.org

Computer Forensics Services

Expert collection, preservation, analysis, and presentation of computer-related evidence

A thorough, professionally executed forensics examination, performed by a highly trained computer forensics expert, can make all the difference in a civil case. When choosing a forensics examiner, make sure he or she has a high level of training and experience; also, learn how many times he or she has testified in civil court as an expert witness.

It is best to retain a forensics expert as special master. Many times, the cost of the forensics examination falls on the hiring party. However, many courts will shift the cost of the forensics investigation when the producing party is shown to have deleted files in bad faith.